Practice question
Before judgment, the judge proposes to notice a fact decisive of a material issue and resolve the case on that basis without hearing the parties. Which is correct under Rule 129, Section 3?
- A decisive noticed fact never requires hearing
- The parties must be heard because the proposed matter is decisive of a material issue
- The judge may replace hearing with a private investigation
- The prevailing party alone must be heard
- The losing party's objection automatically proves the opposite fact
Legal references
- 2019 Amendments to the Rules on Evidence, A.M. No. 19-08-15-SC, Rule 129, Sections 1–4.
- Reviewed primary authority, Rule 129, Sections 1–4, current amended hearing requirements: https://lawphil.net/courts/rules/am_19-08-15-sc_2019.html
Answer this question in flashcards to review your response and continue practicing.